4.  The applicant was born in 1964 and lives in Rumia, Poland.
5.  On 31 August 1999 the applicant was arrested by the police on suspicion of having committed a series of armed robberies in an organised group.
6.  On 1 September 1999 the Gdańsk District Court (Sąd Rejonowy) ordered that the applicant be detained on remand pending the investigation. It considered that in the light of the evidence obtained in the investigation, there was a strong likelihood that the applicant had committed the offences with which he had been charged. The District Court also noted that there was a reasonable risk that the applicant could induce witnesses to give false testimonies or obstruct the proper course of the proceedings by other unlawful means, since he had not admitted the offences and the investigation was pending. Lastly, the District Court had regard to the severity of anticipated penalty.
7.  On 18 November 1999 the Gdańsk Regional Court (Sąd Okręgowy) prolonged the applicant's detention until 29 February 2001.
8.  On 16 February 2000 the Gdańsk Court of Appeal (Sąd Apelacyjny) ordered that the applicant and a certain T.M., a second detained suspect, be held in custody pending investigation until 30 June 2000. It held that the continued detention was justified by the reasonable suspicion that the applicant had committed the offences with which he had been charged. That suspicion was based primarily on evidence given by a certain A.Ł., another member of the same criminal group, who acted as a witness against the other suspects. The Court of Appeal also considered that the continued detention was necessary in view of the serious nature and scale of the offences in question. Furthermore, it was also justified by the need to obtain evidence from many sources.
9.  On 10 April 2000 the Supreme Court upheld that decision. It added that prolongation of detention was necessary given the organised character of the criminal activities of the applicant and T.M.
10.  On 20 June 2000 the Gdańsk Court of Appeal prolonged the applicant's detention until 30 August 2000. In addition to the grounds previously given, it observed that that the applicant's detention was justified by the complexity of the investigation and the likelihood that a severe penalty would be imposed.
11.  On 10 July 2000 the Gdańsk Regional Prosecutor laid additional charges against the applicant.
12.  On 17 August 2000 the Supreme Court (Sąd Najwyższy), on an application from the Prosecutor General (Prokurator Generalny), extended the applicant's detention until 15 December 2000. It found that the strong suspicion against the applicant of having committed the serious offences in question, the severity of the anticipated penalty and the need to obtain further evidence warranted holding him in custody.
13.  Meanwhile, seven other persons were charged and detained in connection with the same set of offences.
14.  On 13 December 2000 the Gdańsk Court of Appeal, on an application from the Gdańsk Prosecutor of Appeal (Prokurator Apelacyjny), prolonged the applicant's detention pending the investigation until 31 March 2001. It reiterated the original grounds given for his detention. Taking into account the nature of the offences, the Court of Appeal added that the fact that the charges against all the nine suspects were closely interrelated justified a fear that, once released, they might obstruct the proceedings. It also referred to the particular complexity of the case. Furthermore, it noted that the prolongation of the investigation was due to the fact that new suspects had been identified in the course of the investigation.
15.  Meanwhile, a tenth suspect had been detained in connection with the same investigation.
16.  On 15 January 2001 the Gdańsk Regional Prosecutor (Prokurator Okręgowy) altered the charges against the applicant. Ultimately, he laid 20 charges against him. They comprised 1 count of attempted robbery, 3 counts of robbery, 5 counts of armed robbery, 4 counts of burglary, 6 counts of possessing a firearm without a licence and 1 count of theft.
17.  On 7 March 2001 the Court of Appeal, on an application by the Gdańsk Prosecutor of Appeal, prolonged the applicant's and his 9 co-suspects' detention until 31 May 2001. It held that the original grounds given for the applicant's detention were still valid and that the need to obtain DNA evidence justified the continuation of that measure.
18.  On 15 May 2001 the Regional Prosecutor indicted the applicant on the 20 charges laid against him on 15 January 2001 before the Gdańsk Regional Court (Sąd Okręgowy). The bill of indictment listed 120 charges brought against 19 accused, who were all detained on remand. The case-file comprised 114 volumes. The prosecution asked the court to hear evidence from 366 witnesses.
19.  On 17 May 2001 the Regional Court ordered that the applicant be detained pending trial until 31 August 2001, finding that it was necessary in order to prevent him – and his other 12 detained co-defendants – from evading justice or tampering with evidence.
20.  The trial began on 28 December 2001. However, as at April 2002 the reading out of the bill of indictment by the prosecution was still continuing. Initially, the trial court held three hearings per month. As from June 2002 it decided to hold five hearings per month.
21.  Since on 31 August 2001 the applicant's detention reached the statutory time-limit of 2 years laid down in Article 263 § 3 of the Code of Criminal Procedure, further prolongation of the applicant's detention was ordered by the Gdańsk Court of Appeal. During the trial the Court of Appeal prolonged the applicant's detention several times. The relevant decisions were given on 22 August 2001 (prolonging his detention until 31 March 2002), on 28 March 2002 (extending his detention up to 30 September 2002), on 11 September 2002 (ordering his continued detention until 31 December 2002), on 18 December 2002 (prolonging that period until 30 June 2003), on 25 June 2003 (extending his detention up to 31 December 2003), on 17 December 2003 (ordering his continued detention until 30 June 2004), on 23 June 2004 (prolonging his detention until 31 December 2004), on 15 December 2004 (prolonging his detention until 31 March 2005) and on 30 March 2005 (extending that period until 30 June 2005). The court held that the grounds previously given for his continued detention were still valid.
22.  On 19 September 2001 the Court of Appeal dismissed the applicant's appeal against the decision of 22 August 2001, prolonging his detention. It held, inter alia, that Article 258 § 2 of the Code of Criminal Procedure alone constituted a sufficient ground for the applicant's detention as he had been charged with an offence for the commission of which he was liable to a statutory maximum sentence of at least 8 years' imprisonment.
23.  In its decision of 23 June 2004, the Court of Appeal observed that up to April 2003 the main reason for the delays during the trial was the obstructiveness of the defendants and the abuse of the rights of the defence.
24.  In its decision of 18 January 2005 dismissing the applicant's appeal against the decision of 15 December 2004 prolonging his detention, the Court of Appeal held that Article 258 § 2 of the Code of Criminal Procedure established a presumption to the effect that the likelihood of a severe penalty being imposed on the applicant might induce him to obstruct the proceedings. It added that the risk or absconding of tampering with witnesses which existed in the present case did not have to be supported by any concrete facts, but resulted from the above presumption.
25.  On 21 March 2005 the trial court made a severance order with a view to expediting the proceedings, and thereafter four defendants (J.N., G.P., Z.S. and Z.C.), who in the meantime had been released from detention, were to be tried separately from other defendants.
26.  In the course of the proceedings the applicant made numerous, unsuccessful applications for release and appealed, likewise unsuccessfully, against refusals to release him and decisions extending his detention.
27.  It appears that the applicant is still in detention pending trial.
28.  On 23 September 2003 the applicant began to serve a three years' imprisonment sentence imposed on him in another set of criminal proceedings. That sentence is due to come to an end on 3 May 2006.